[§662D-3]  Exception. 
Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue
and recover civil damages from a volunteer based upon:



(1)  Any conduct engaged in by the volunteer that
would constitute gross negligence, wilful and wanton misconduct, or intentional
misconduct;



(2)  Any act or omission in connection with the
operation of a motor vehicle;



(3)  Any conduct engaged in by the volunteer while the
volunteer is unreasonably interfering with the lawful activities of another;



(4) Any conduct engaged in by the volunteer that
takes place on private property when the volunteer's presence on the property
was not consented to by the owner;



(5)  Any act or omission within a volunteer's scope of
practice for which the volunteer is licensed, certified, permitted, or
registered under state law to perform; and



(6)  Any criminal offense committed by the volunteer.
[L 1997, c 351, pt of §2]